|
Rulings on
Zakat Al-Fitr
The correct view is that it
is fard (obligatory), because Ibn ‘Umar said: “The
Messenger of Allah [an error occurred while processing
this directive] (peace and blessings of Allah be upon him)
made zakat al-fitr obligatory,” and because of the
consensus of the scholars (ijma’) that it is fard. (Al-Mughni,
part 2, Bab Sadaqat al-Fitr).
When it has to be given
It becomes obligatory when the sun sets on the last day of
Ramadan. Anyone who gets married, has a baby born to him
or becomes Muslim before the sun sets on that day, has to
give zakat al-fitr [on behalf of himself and/or his new
wife or new baby], but if that happens after sunset, he
does not have to give it… Whoever dies after sunset on the
night of fitr, sadaqat al-fitr must be given on his
behalf. This is what Ahmad stated.” (Al-Mughni, part 2,
Fasl Waqt Wujoob Zakat al-Fitr).
Who is obliged to pay it?
1- Zakat al-fitr is obligatory on Muslims. Ibn ‘Umar (may
Allah be pleased with him) said: “The Messenger of Allah
[an error occurred while processing this directive] (peace
and blessings of Allah be upon him) made zakat al-fitr,
one sa’ of dates or one sa’ of barley, obligatory on the
Muslims, slave and free, male and female, young and old.”
(Al-Bukhari, 1407)
2- Al-Shafa'i (may Allah have mercy on him) said: “The
hadeeth of Nafi’ indicates that the Messenger of Allah [an
error occurred while processing this directive] (peace and
blessings of Allah be upon him) made it obligatory only on
the Muslims, which is in accordance with the Book of
Allah, may He be glorified, because He has made zakat as a
purification for the Muslims, and purification can only be
for the Muslims.” (Al-Umm, part2, Bab Zakat al-Fitr).
3- It is obligatory on those who are able to pay it. Al-Shafa'i
said: “Everyone who, at the beginning of Shawwal, has
enough food for himself and those whom he is supporting,
for that day, and has enough to give zakat al-fitr on
behalf of them and himself, should give it on behalf of
them and himself. If he only has enough to give on behalf
of some of them, then he should give on behalf of some of
them. If he only has enough for himself and those whom he
is supporting, then he is not obliged to give zakat al-fitr
on his own behalf or on behalf of those whom he is
supporting.” (Al-Umm, part 2, Bab Zakat al-Fitr).
4- Al-Nawawi (may Allah have mercy on him) said: “The one
who is in financial difficulty is not obliged to give [zakat
al-fitr]; there is no difference among the scholars in
this regard… The obligation is determined by whether or
not a person can afford it. Whoever has one sa’ more than
he needs for himself and those whom he is obliged to
support on the night and day of Eid, has enough [is not in
financial difficulty]. Whoever does not have anything more
than he needs is in financial difficulty, so he is not
obliged to pay anything in this case. (Al-Majmoo’, part 6,
Shuroot Wujoob Sadaqat al-Fitr).
5- The Muslim should give on his own behalf and on behalf
of those on whom he spends, such as wives and relatives,
if they cannot give it on their own behalf. If they are
able to, it is better for them to give it themselves,
because the command is addressed to them in the first
place.
Ibn ‘Umar (may Allah be pleased with him) said: “The
Messenger of Allah [an error occurred while processing
this directive] (peace and blessings of Allah be upon him)
made zakat al-fitr, one sa’ of dates or one sa’ of barley,
obligatory on the Muslims, slave and free, male and
female, young and old, and commanded that it should be
given before the people went out to pray.” (Al-Bukhari,
1407)
Al-Shafa'i (may Allah have mercy on him) said: “The
guardian of the insane and the minor should give zakat al-fitr
on their behalf and on behalf of those for whom they [the
insane and minor] may be responsible, just as the sane
person should give on his own behalf… If there is a kafir
among those whom he is supporting, he does not have to
give zakat al-fitr on his behalf, because he cannot be
purified by zakah.” (Al-Umm, part 2, Bab Zakat al-Fitr).
The author of al-Muhadhdhab said: “Al-Musannif (may Allah
have mercy on him) said: ‘If someone has to pay zakat al-fitr
on his own behalf and on behalf of those whom he is
supporting, if they are Muslim and if has more than he
needs to spend on them that he can give, then the mother
and father, and grandparents and great-grandparents, etc.,
may have to pay zakat al-fitr on behalf of their children
and grandchildren and great-grandchildren, etc., and the
children may have to pay zakat al-fitr on behalf of their
parents and grandparents and great-grandparents, etc., –
if they are obliged to spend on their maintenance. (Al-Majma’,
part 6).
A man has to pay on behalf of himself and his wife – even
if she has money of her own – and his children and parents
if they are poor, and his daughter if she is married but
the marriage has not yet been consummated. If his son is
rich, he does not have to give zakat al-fitr on his
behalf. A husband has to give zakat al-fitr on behalf of a
divorced wife whose divorce (talaq) is not yet final
(i.e., she is still in the ‘iddah of a first or second
talaq), but not in the case of a rebellious wife or one
whose divorce is final. A son does not have to give zakat
al-fitr on behalf of a poor father’s wife because he is
not obliged to spend on her.
[When giving zakat al-fitr], one should start with the
closest people first, so he gives it on behalf of himself,
then his wife, then his children, then the rest of his
relatives in order of closeness, following the pattern
laid out in the rules governing inheritance.
Al-Shafa'i, may Allah have mercy on him, said: “Who I say
is obliged to give zakat al-fitr, if a child is born to
him, or he takes possession of a slave, or someone becomes
one of his dependents, at any time during the last day of
Ramadan, then the suns sets on the night of the crescent
of Shawwal, he has to give zakat al-fitr on that person’s
behalf.” (Al-Umm, Bab Zakat al-Fitr al-Thani).
It is not obligatory to give zakat al-fitr on behalf of a
foetus that is still in the mother’s womb, but if this is
done voluntarily, there is nothing wrong with it.
If someone who is obliged to give zakat al-fitr dies
before giving it, it must be given from his estate… even
if the person who was supporting him also dies, the
obligation still stands. (Al-Mughni, part 2).
If a servant has set wages that are paid to him daily or
monthly, the employer does not have to give zakat al-fitr
on his behalf, because he is a hired worker, and one is
not obliged to spend on a hired worker. (al-Mawsoo’ah,
23/339).
Concerning giving zakat al-fitr on behalf of an orphan,
Imam Malik (may Allah have mercy on him) said: “The
guardian should give zakat al-fitr on behalf of the
orphans some of whose wealth is under his control, even if
they are minors.” (Al-Mudawwanah, part 1).
Amount of Zakat Al-Fitr
The amount to be given is one sa’ of food, according to
the measure of sa’ used by the Prophet [an error occurred
while processing this directive] (peace and blessings of
Allah be upon him), because of the following hadeeth.
- Abu Sa’eed al-Khudri (may Allah be pleased with him)
said: “At the time of the Prophet [an error occurred while
processing this directive] (peace and blessings of Allah
be upon him) we used to give it in the form of a sa’ of
food…” (Reported by al-Bukhari, 1412).
The weight of the sa’ [which is a measure of volume]
varies according to the type of food concerned, so when
giving zakat al-fitr by weight, one must make sure that
what is given is equivalent to a sa’ of that type of food.
A sa’ is approximately equivalent to three kilograms of
rice.
Types of things that may be given
What should be given is food for human consumption, such
as dates, wheat, rice or other kinds of food that humans
eat. It is reported in al-Saheehayn from Ibn ‘Umar (may
Allah be pleased with them both) that the Messenger of
Allah [an error occurred while processing this directive]
(peace and blessings of Allah be upon him) made zakat al-fitr,
one sa’ of dates or one sa’ of barley, obligatory on the
Muslims, slave and free, male and female,. (At that time,
barley was one of the foods they ate). (Al-Bukhari, 1408)
Abu Sa’eed al-Khudri (may Allah be pleased with him) said:
“At the time of the Messenger of Allah [an error occurred
while processing this directive] (peace and blessings of
Allah be upon him), we used to give a sa’ of food on the
day of Fitr.” Abu Sa’eed said: “And our food was barley,
raisins, aqit (dried yoghurt) and dates.” (Reported by al-Bukhari,
1408).
It should be given in the form of the staple food that is
used locally, whether it is wheat, rice, dates or lentils…
Al-Shafa'i (may Allah have mercy on him) said: “If the
staple food of a people is corn, pearl millet (dukhn),
thin-husked barley (sult), rice or any grain on which
zakat is obligatory, then they may give it as zakat al-fitr.
(Al-Shafa'i, al-Umm, part 2, Bab al-Rajul yakhtalifu
qootuhu)
Al-Nawawi (may Allah have mercy on him) said: “Our
companions said: ‘It is a condition of giving something as
zakat al-fitr that it should be one of the foodstuffs on
which zakat is paid at the rate of one-tenth (i.e., zakah
of grains and fruits). Nothing else is acceptable except
aqit (dried yoghurt), cheese and milk.’”
Al-Mawardi said: “This is the case even though some of the
people who live on islands and others have fish or eggs as
their staple food; these are not acceptable (as zakat al-fitr)
and there is no difference (among the scholars concerning
this). As regards meat, the correct view is that stated by
al-Shafa'i and confirmed by al-Musannif and the companions
in all that was narrated from them: that it is not
acceptable (as zakat al-fitr), and this is the unanimous
view (of the scholars)… Our companions said: ‘This is the
case even if their staple food is fruits on which they do
not have to give one-tenth as zakat, such as figs etc.
These are not acceptable (as zakat al-fitr) at all.” (Al-Majmoo’,
part 6: al-Wajib fi Zakat al-Fitr).
Ibn al-Qayyim (may Allah have mercy on him) said: “If it
was said, ‘You must give a sa’ of dates everywhere,
whether it is the staple food or not,’ this is a disputed
matter which is subject to ijtihad. There are some people
who say that it is obligatory, and others who say that in
each country it is obligatory to give a sa’ of whatever is
the staple food there, as the Prophet [an error occurred
while processing this directive] (peace and blessings of
Allah be upon him) specified five types of food for zakat
al-fitr, so in each country they can give the equivalent
of a sa’ of their staple food. This is more correct, and
is closer to the principles of sharee’ah, for how can you
make it obligatory for people whose staple food is fish,
for example, or rice or pearl millet, to give dates? … And
Allah is the Source of strength. (I’lam al-Muwaqqa’een,
part 2, al-Qiyas).
It is permissible to give pasta (“macaroni”) that is made
from wheat, but one must make certain that the weight is
equivalent to the weight of a sa’ of wheat.
As for giving zakat al-fitr in the form of money, this is
not permissible at all, because the Prophet [an error
occurred while processing this directive] (peace and
blessings of Allah be upon him) said that it must be given
in the form of food, not money. He clearly stated that it
is to be given in the form of food, so it is not
permissible to give it in any other form and Islam wants
it to be given openly, not secretly. The Sahabah gave
zakat al-fitr in the form of food, and we should follow,
not innovate. The giving of zakat al-fitr in the form of
food is regulated by the measure of sa’, and if it were to
be given in the form of money, it could not be regulated
in this manner: according to the price of what would it be
worked out and given? There are obvious benefits to giving
it in the form of staple foods, such as at times when
businessmen are hoarding certain goods, prices have gone
up, or at times of war and inflation. If someone were to
say, “But money is more useful for the poor, because then
they can buy what they want, and they might need something
other than food, so the poor person might sell the food
and lose money.” The response to this is that there are
other sources for meeting the needs of the poor with
regard to shelter, clothing and so on, which are provided
for from the zakat paid on people’s wealth (zakat al-mal),
general charity and other kinds of donations. Let us put
things into the proper Islamic perspective and adhere to
what was set out by the Prophet [an error occurred while
processing this directive] (peace and blessings of Allah
be upon him), who told us that giving a sa’ of food to
feed the poor is obligatory. If we give food to a poor
person, he will eat it and will benefit from it sooner or
later, because it is the kind of food he uses anyway.
On this basis, it is not permissible, for the purposes of
zakat al-fitr, to give money for a person to pay off his
debts or to cover the cost of surgery for a sick person or
to pay for tuition for a needy student and so on. There
are other sources for this kind of help, as stated above.
The time for giving zakat al-fitr
It should be given before the Eid prayer, as is stated in
the hadeeth that the Prophet [an error occurred while
processing this directive] (peace and blessings of Allah
be upon him) “commanded that it should be given before the
people went out to pray.” (Al-Bukhari, 1407).
There is a time when it is mustahabb (preferable) to give
it and a time when it is permissible to give it.
The time when it is mustahabb to give it is on the day of
Eid, because of the hadeeth quoted above. For this reason
it is Sunnah to delay the Eid prayer on Eid al-Fitr so as
to allow enough time for those who have to give zakat al-fitr
to do so, and to have breakfast before coming out. On the
other hand, it is Sunnah to hasten the Eid prayers on Eid
al-Adha so that the people can go and offer their
sacrifices and eat from them.
The time when it is permissible to give zakat al-fitr is
one or two days before Eid. In Saheeh al-Bukhari it is
reported that Nafi’ said: “Ibn ‘Umar used to give on
behalf of the young and the old, and he even used to give
on behalf of my sons. He would give to those who took it,
and it would be given a day or two before (Eid) al-Fitr.”
(“Those who took it” refers to those who were appointed by
the imam to collect the sadaqat al-fitr).
Nafi’ said: “Ibn ‘Umar used to send zakat al-fitr to the
one who was collecting it two or three days before (‘Eid)
al-Fitr.” (al-Mudawwanah, part 1, Bab Ta’jeel al-Zakah
qabla hulooliha).
It is disliked (makrooh) to delay giving it until after
Salat al-‘Eid; some scholars said that this is haram and
is counted as qada’ (making up a duty that has not been
performed on time), on the basis of the hadeeth, “Whoever
pays it before the prayer, it is an accepted zakat, and
whoever pays it after the prayer, it is just a kind of
charity.” (Reported by Abu Dawood, 1371).
It says in ‘Awn al-Ma’bood Sharh Abi Dawood: “Obviously,
the one who gives zakat al-fitr after the prayer is like
one who did not give it, because they have in common the
fact that they did not give this obligatory charity. Most
of the scholars think that giving it before Salat al-‘Eid
is only mustahabb, and they confirmed that it is OK to
give it at any time until the end of the day of Fitr, but
this opinion is refuted by the hadeeth. With regard to
delaying it until after the day of Eid, Ibn Ruslan said:
“This is haram by consensus, because it is zakah, so the
one who delays it must be committing a sin, as is the case
when one delays a prayer.”
So it is haram to delay giving it for no good reason,
because this defeats the purpose, which is to save the
poor from having to ask on the day of joy. If a person
delays giving it with no excuse, he has committed a sin
but he still has to make it up.
Zakat al-fitr has to be handed over to someone who is
entitled to it or someone who has been appointed to
collect it, at the right time before the Eid prayer. If a
man wants to give it to a particular person, but cannot
find him or a trustee who can accept it on his behalf, and
he is afraid that time is running out, he has to give it
to another entitled person, and not delay giving it. If a
person wants to give his zakat al-fitr to a specific needy
person, and is afraid that he may not see him at the
appropriate time, he should tell him to appoint someone to
accept it on his behalf, or to appoint him (the giver) to
take it from himself on his behalf. Then when the time
comes, he can take it to him in a bag or whatever, or keep
it for him as a trust until he sees him.
If the one who wants to give zakat appoints someone else
to give it on his behalf, he is still responsible for it
until he is certain that his deputy has carried out his
instructions. (Majalis Shahr Ramadan: Ahkam Zakat al-Fitr,
by Shaykh Ibn ‘Uthaymeen).
To whom it may be given
Zakat al-Fitr may be given to the eight categories of
people to whom zakat al-mal may be given. This is the
opinion of the majority. According to the Malikis, one of
the opinions of Ahmad and the opinion of Ibn Taymiyyah, it
should be given exclusively to the poor and needy.
(Al-Shafa'i said): “Zakat al-fitr should be divided among
those among whom zakat al-mal is divided, and it should
not be spent anywhere else… It should be shared out among
the poor and needy, slaves who have made a contract to
purchase their freedom from their masters, debtors, those
who are fighting in the way of Allah, and wayfarers. (Kitab
al-Umm: Bab Day’ah Zakat al-Fitr qabla Qasmiha)
Al-Nawawi (may Allah have mercy on him) said, after
quoting the hadeeth of Ibn ‘Abbas (may Allah be pleased
with him) that the Prophet [an error occurred while
processing this directive] (peace and blessings of Allah
be upon him) said to Mu’adh (may Allah be pleased with
him): “Tell them that they have to give sadaqah (charity)
that is to be taken from their wealth and given to the
poor”: “It is not permissible to give any part of zakah to
a kafir, whether it is zakat al-fitr or zakat al-mal…
Malik, al-Layth, Ahmad and Abu Thawr said: ‘They (i.e.,
kafirs) should not be given it.’”
Zakah should be given to the poor, those who have
overwhelming debts, and those whose salaries are not
enough to last until the end of the month, in accordance
with the level of their needs.
It is not permissible for the one who gives zakat al-fitr
to buy it back from the one to whom he has given it. (Fatawa
al-Shaykh Ibn ‘Uthaymeen).
Payment and distribution
It is preferable for the person who is giving to share it
out himself. (Al-Shafa'i said): “I prefer to share out
zakat al-fitr myself rather than give it to the one who is
collecting it.”
Al-Nawawi (may Allah have mercy on him) said: “Al-Shafa'i
said in al-Mukhtasar: ‘Zakat al-fitr is to be shared out
among those to whom zakat al-mal is shared out. I prefer
that it should be given to relatives on whom it is not
obligatory to spend at all.’ He said: ‘If he prefers to
give it to the one who is collecting it, this should be
fine, in sha Allah… but it is better to share it out
himself… If he gives it to the Muslim leader or the
collector or the one who is collecting the people’s zakat
al-fitr, and he is given permission to give it, this is
fine, but sharing it out himself is better than all of
this.’” (al-Majmoo’, part 6).
It is permissible to appoint a trustworthy person to hand
it over to those who are entitled to it, but if he is not
trustworthy, then it is not allowed. ‘Abd-Allah ibn al-Mu’ammal
said: “I heard Ibn Abi Mulaykah, when a man was saying to
him, ‘So-and-so told me to leave my zakat al-fitr in the
mosque,’ Ibn Abi Mulaykah said, ‘He does not know what he
is talking about. You go and share it out (yourself),
otherwise Ibn Hisham (the governor who was collecting it
in the mosque) will give it to his guards and whoever he
wants’ (i.e., he would give it to people who were not
entitled to it).” (Al-Umm: Bab day’at Zakat al-Fitr qabla
Qasmiha).
Imam Ahmad (may Allah have mercy on him) stated that it is
permissible to share out one sa’ among a group of people,
or to give many sa’s to one person…
Malik said: “there is nothing wrong with a man giving
sadaqat al-fitr on behalf of himself and his family to one
needy person.” (al-Mudawwanah, part 1, Bab fi Qasm Zakat
al-Fitr).
If one is giving less than a sa’ to a poor person, this
must be pointed out, because he might use it to pay his
own zakat al-fitr.
It is permissible for a poor person, if he receives zakat
al-fitrah from someone and he has more than he needs, to
give it on his own behalf or on behalf of one of those who
are dependent on him, if he is sure that the food is OK
(i.e., it is the right type of food and the quantity is
sufficient).
Where to give Zakat Al-Fitr
Ibn Qudamah (may Allah have mercy on him) said: “As for
zakat al-fitr, it should be shared out in the country
where it became obligatory, whether a person has wealth
there or not, because it is the reason why zakat became
obligatory…” (al-Mughni, part 2, Fasl idha kana al-muzakki
fi balad wa maluhu fi balad)
It was reported in al-Mudawwanah Fiqh al-Imam Ahmad (may
Allah have mercy on him): “I said: What is the opinion of
Malik on someone who comes from Ifreeqiyah (‘Africa’) and
is in Egypt on the day of Fitr – where should he give his
zakat al-fitr? Malik said: [He should give it] where he
is. Malik said: if his family in Ifreeqiyah give it on his
behalf, that is fine. (What was meant by Ifreeqiyah/‘Africa’
in those days is different from what it means now).” (Part
1, Bab fi Ikhraj al-Musafir Zakat al-Fitr)
We ask Allah to accept the worship of all of us and to
join us with the righteous. May Allah bless our Prophet
Muhammad and all his family and companions.
Back
|